Judge upholds “under God” in state pledge

A Dallas federal judge has dismissed a suit filed against Gov. Rick Perry and the state that challenged the constitutionality of the phrase “under God” in the Texas state pledge.

The one-sentence salute, first adopted by the Legislature in 1933, was changed last session to include the words “one state, under God.” The lawmaker who authored the bill to amend the state pledge, state Rep. Debbie Riddle, R-Tomball, has said the intent was to mirror the national one, which has contained the words “under God” since 1954.

But an atheist couple from North Texas, whose children attend the Carrollton-Farmers Branch school district, argued the change to the pledge amounted to an unconstitutional establishment of religion.

“Plaintiffs fail to draw a meaningful distinction between the national pledge and the Texas state pledge. The simple fact that the insertion occurred recently is a distinction without a difference. If anything, the half-century that has passed since the insertion of “under God” into the national Pledge of Allegiance under President Eisenhower provides the Texas pledge with even deeper historical roots,” the judge wrote in his ruling.

Kinkeade’s ruling also notes that five states — Kentucky, Louisiana, Mississippi,

Tennessee, and Texas — have pledges that make some reference to “God” or divine grace.